SOSA v. UNITED STATES

No. 76-1371.

550 F.2d 244 (1977)

Santos Angel SOSA, Jr., and Rolando Sosa, Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 8, 1977.


Attorney(s) appearing for the Case

Edward B. McDonough, Jr., U. S. Atty., James R. Gough, Mary L. Sinderson, Asst. U. S. Attys., Houston, Tex., for defendant-appellant.

Roberto J. Yzaguirre, R. Knox Jones, McAllen, Tex., for plaintiffs-appellees.

Before TUTTLE, CLARK and RONEY, Circuit Judges.


TUTTLE, Circuit Judge:

On the strength of a "chekar" signal alone, Border Patrol agents stopped the Sosa brothers' car near Hebbronville, Texas. The agents then smelled marijuana in the car. A subsequent search confirmed that olfactory suspicion: some 71 pounds of marijuana were discovered. The trial court denied a motion to prevent use of the contraband as evidence against the Sosas, and found them guilty of possession of a controlled substance with intent to distribute...

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